The global COVID-19 pandemic has changed how merger enforcement regimes around the world are currently reviewing proposed transactions. Two weeks into the new environment, we now have a body of experience from which to assess how merger reviews are...By: Dechert LLP
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Private equity, like virtually every market and industry, has been affected by the coronavirus pandemic and, like many other markets and industries, the total effect of the pandemic remains unknown....By: Ballard Spahr LLP
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The Empire State Development Corporation (“ESDC”) issued guidance over the weekend clarifying the status of local government construction work, including municipalities and school districts....By: Hodgson Russ LLP
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Although Governor Cuomo put “New York State on PAUSE” a week ago, at that time, “construction” was not specifically exempted from his Executive Order and the Empire State Development’s (ESD) guidance on what businesses were subject to the 100%...By: Robinson+Cole Construction Law Zone
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Invoking MAC Clauses During the Pandemic - Although Material Adverse Change (“MAC”) clauses are quite prevalent in loan and financing documents, there is very little case law in Maryland dealing with the successful or unsuccessful enforcement of...By: Rosenberg Martin Greenberg LLP
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Massachusetts continues to expand its response to the novel coronavirus ("COVID-19"), by taking additional steps to ease the burden on the Commonwealth’s developers, businesses, local municipalities, and residents. As the full impact of the economic...By: Sullivan & Worcester
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On March 12, 2020, Virginia joined Maryland and the District of Columbia in declaring a state of emergency in connection with the rising number of confirmed coronavirus diagnoses in the DC Metro area. Since then, both state governments and the...By: Cohen Seglias Pallas Greenhall & Furman PC
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CFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process. In addition, President Trump has ordered another divestiture of a Chinese acquisition of a U.S. company under CFIUS...By: Williams Mullen
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The U.S. Department of Justice (DOJ) recently prevailed in its challenge of Novelis’ proposed merger with Aleris Corporation. The challenge involved a first-of-its kind use of arbitration under the Administrative Dispute Resolution Act of 1996, 5...By: Perkins Coie
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Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change (MAC) under acquisition...By: Foley Hoag LLP
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